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Curtis and Charlotte Westley, Individually and On Behalf of Others Similarly and Related Consolidated Action Situated v. Oclaro

November 28, 2012

CURTIS AND CHARLOTTE WESTLEY, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY AND RELATED CONSOLIDATED ACTION SITUATED,
PLAINTIFFS,
v.
OCLARO, INC., ET AL.,
DEFENDANTS. IN RE OCLARO, INC. DERIVATIVE LITIGATION,



The opinion of the court was delivered by: Hon. Edward M. Chen United States District Court Judge

(Derivative Action)

STIPULATION AND [PROPOSED] This Document Relates to: ORDER ON CASE MANAGEMENT CONFERENCE STATEMENT

WHEREAS, on May 19, 2011, plaintiffs Curtis and Charlotte Westley filed a Class Action 2 Complaint for Violation of the Federal Securities Laws ("Complaint") (Dkt. No. 1) against 3 defendants Oclaro, Inc., Alain Couder, Jerry Turin, and James Haynes in the above-entitled matter;

WHEREAS, on October 27, 2011, Lead Plaintiff Connecticut Laborers' Pension Fund 5 ("Lead Plaintiff") filed an Amended Complaint for Violation of the Federal Securities Laws 6 ("Amended Complaint") (Dkt. No. 39) against Defendants Oclaro, Inc., Alain Couder, and Jerry 7 Turin (collectively, "Defendants");

WHEREAS, on December 12, 2011, Defendants filed a motion to dismiss the Amended 9 Complaint (Dkt. No. 44);

WHEREAS, on March 27, 2012, the Court issued an Order granting Defendants' motion to 11 dismiss the Amended Complaint and Lead Plaintiff leave to amend (Dkt. No. 58);

WHEREAS, on April 26, 2012, Lead Plaintiff filed a Second Amended Complaint for 13 Violation of the Federal Securities Laws ("Second Amended Complaint") (Dkt. No. 62);

WHEREAS, on May 25, 2012, Defendants filed a motion to dismiss the Second Amended 15 Complaint (Dkt. No. 63);

WHEREAS, on September 21, 2012, the Court issued an Order granting Defendants' motion 17 to dismiss the Second Amended Complaint and Lead Plaintiff leave to amend ("September 21 18 Order") (Dkt. No. 79);

WHEREAS, on October 4, 2012, Lead Plaintiff filed a Motion for Leave to File Motion for 20 Reconsideration of the September 21 Order ("Motion for Leave") (Dkt. No. 82);

WHEREAS, on October 29, 2012, the Court issued notice rescheduling the Case 22 Management Conference for December 11, 2012 and the filing of the parties' Joint Case 23 Management Statement for December 4, 2012 (Dkt. No. 90);

WHEREAS, on October 30, 2012, Defendants filed an Opposition to Lead Plaintiff's Motion 25 for Leave (Dkt. No. 91);

WHEREAS, on November 17, 2012, Lead Plaintiff filed a Reply in Support of the Motion ...


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